(1)
It is the intent of sections 5.600 to 5.626 to encourage voluntary compliance with certain city ordinances and the city code through inspection, notification and where appropriate the granting of reasonable compliance times, and in those cases where voluntary compliance is not obtained or where the granting of time is not appropriate, to establish and implement a civil infraction procedure and scheduled forfeitures for violation of certain ordinances. This ordinance is further intended to protect the health, safety and welfare of the citizenry.
An offense against the city in the form of a violation of one of the city ordinances or the code designated in section 5.604 or a violation of code section 5.610(6) constitutes a civil infraction which the city is authorized to handle in accordance with the procedures established by sections 5.600 to 5.626. When an infraction is of a continuing nature, a separate infraction will be deemed to occur on each calendar day the infraction continues to exist, and a separate citation may be filed for each such infraction.
The only penalty to be imposed under sections 5.600 to 5.626 for a civil infraction is a monetary penalty called a forfeiture. The forfeiture to be assessed for a specific civil infraction will be determined pursuant to the forfeiture schedule found in section 5.624. The procedure prescribed by sections 5.600 to 5.626 shall be the exclusive procedure for imposing a forfeiture; however, this section shall not be read to prohibit in any way any other alternative remedies set out in any other section of the code or in any other applicable law that is intended to abate or alleviate ordinance violations; nor shall the city be prohibited from recovering, in a manner prescribed by law any expense incurred by it in abating or removing ordinance violations pursuant to the code.
An agreement entered into pursuant to section 5.610(4).
(1)
The civil infraction procedure prescribed by sections 5.600 to 5.626 applies to and amends the following laws of the city:
(a)
Springfield
Code:
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Public Nuisance, section 4.060;
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Deposit on Property, section 4.426;
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Deposit of Refuse Upon Property of Another or Upon Public Property, section 4.428;
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Public Health and Sanitation, section 4.450;
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Control of Dogs and Other Animals, section 5.424(3);
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Chapter 7, Business;
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Chapter 8, Signs, sections 8.200 to 8.266;
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(b)
Springfield
Development Code 1986 as subsequently amended;
(c)
Standards
for Hazardous Materials Within Time of Travel Zones, section 17.070;
(d)
Springfield
Building Safety Codes, Administration Code;
(e)
The
Fire Code as adopted by the city of Springfield.
(2)
Violation
by any person of any of the above code sections or any provision thereof
constitutes a civil infraction.
[Section 5.604 amended by Ordinance No. 5953, enacted January 18, 2000; further
amended by Ordinance Nos. 6052, 6053, and 6054, enacted June 2, 2003; Ordinance No. 6167, enacted May 15, 2006; Ordinance No. 6256, enacted June 7, 2010; and Ordinance No. 6321, enacted June 16, 2014]
All reports of infractions covered by this ordinance shall be
made to the city manager or designee.
[Section 5.606 amended by Ordinance No. 5987, enacted July 16, 2001]
When the infraction of a city ordinance or code section covered
by this procedure is brought to the attention of the city manager
or his/her designee, he/she may determine that the responsible party
be given written notice of the infraction and allow a specific length
of time in which the infraction may be remedied before further action
is taken. The notice signed by the city manager shall contain the
following information:
(1)
Sufficient
description of the activity in violation to identify the recipient
of the notice as being a person responsible for the alleged infraction.
(2)
A statement
that the activity in question has been found to be an infraction with
a brief and concise description of the nature of the infraction.
(3)
A statement
of the action required to remedy the infraction and a date by which
the remedy must be completed.
(4)
A statement
advising that if the required abatement of the infraction is not completed
within the time specified, a civil citation may be issued for the
person to appear in court, that a complaint may be issued and filed
with the municipal court, and that a forfeiture in the maximum amount
scheduled could be imposed.
(5)
If successive
or ongoing violations occur at the same site, or the same party is
responsible for more than one violation even if at different sites,
or if it is determined that public health or safety concerns require
immediate citation, the city manager or code enforcement officer may
dispense with the requirement of any notice or warning prior to citation.
[Section 5.608 amended by Ordinance No. 5987, enacted July 16, 2001]
In addition to, or as an alternative to the prior written notice allowed by section 5.608, the city may issue a warning uniform infraction citation. The warning citation may be issued together with, or separate from, the notice contemplated by section 5.608. Failure to provide a prior written notice or a warning citation will not invalidate the uniform infraction citation and complaint. The warning citation shall include the information set forth in section 5.608 and must impose a deadline for compliance or abatement of the violation.
[Section 5.612 amended by Ordinance No. 5987, enacted July 16, 2001]
(1)
If the recipient of a prior written notice described in section 5.608 or the recipient of a warning citation described in section 5.612 fails to comply with the provisions set out therein, or if the city manager or his/her designee deems the provisions of section 5.608 or section 5.612 to be inapplicable because successive or ongoing violations occur at the same site, or the same party is responsible for more than one violation even if at different sites, or if it is determined that public health or safety concerns require immediate citation, then a uniform civil infraction citation signed by the city manager or his/her designee shall be filed with the municipal court, charging the recipient with a civil infraction and setting a date for the person to appear before the municipal court to answer the charge.
(2)
The
uniform civil infraction citation, together with a uniform civil complaint
shall be filed with the municipal court.
(3)
The
city manager or his/her designee shall prescribe the form of the uniform
infraction citation and complaint. Additional parts may be inserted
for administrative purposes by those charged with the enforcement
of the ordinances and code.
(4)
The
citation may also contain notice to the person cited that a civil
complaint may be filed in the municipal court.
(5)
The
complaint shall contain a form of verification that the person signing
the complaint swears or affirms that he or she has reasonable grounds
to believe, and does so believe, that the person cited committed the
infraction.
[Section 5.614 amended by Ordinance No. 5938, enacted October 4, 1999; further
amended by Ordinance No. 5987, enacted July
16, 2001]
Service of the warning citation or of the uniform civil infraction
citation may be made on the responsible person in person or by certified
mail return receipt requested and simultaneously by regular mail.
Where service by certified mail is not accepted by the responsible
party, notice shall be deemed received on the date of attempted delivery.
In addition, service in any manner provided for service of summons
in Rule 7 of the Oregon Rules of Civil Procedure shall be deemed adequate.
[Section 5.616 amended by Ordinance No. 5987, enacted July 16, 2001]
(1)
A person who receives a citation alleging an infraction shall answer by personally appearing to answer at the time and place specified therein; except an answer may be made as provided in subsections (2) and (3) of this section by mail or personal delivery within 10 days of the date of the receipt of the citation.
(2)
If the
person alleged to have committed an infraction desires to avoid that
court appearance the person may within 10 days of the date of receipt
of the citation admit the infraction, complete and sign the appropriate
answer on the back of each citation and forward the citation to the
municipal court together with check or money order in the amount of
the forfeiture for the infraction alleged as shown on the face of
the citation. The citation and forfeiture must reach the court prior
to the scheduled court appearance. Upon receipt of the citation and
forfeiture, an appropriate order shall be entered in the municipal
court records. The burden of insuring delivery of the citation and
forfeiture to the court pursuant to this subsection is entirely and
exclusively upon the person cited.
(3)
If the
person alleged to have committed the infraction denies part or all
of the infraction prior to the time set for appearance, he or she
may request a hearing by completing the appropriate answer on the
back of the citation and forwarding to the municipal court the citation,
together with bail in the amount of the scheduled forfeiture. Upon
receipt, the answer shall be entered and a hearing date established
by the municipal court. The municipal court shall notify the person
alleged to have committed the infraction by return mail of the date
of the hearing. The bail deposit may be waived in whole or in part
at the discretion of the municipal court for good cause shown and
upon written application of the person alleged to have committed the
infraction setting forth the reason for requesting the waiver and
certifying that the person alleged to have committed the infraction
will attend the hearing when scheduled. Any such application must
be submitted to the court within 10 days of receipt of the citation.
The burden of insuring delivery of the application and forfeiture
to the court pursuant to this subsection is entirely and exclusively
upon the person cited.
(1)
Every
hearing to determine whether an infraction has occurred shall be held
before the municipal court without a jury.
(2)
The
hearing shall be limited to production of evidence only on the infraction
alleged in the complaint.
(a)
Oral
evidence shall be taken only on oath or affirmation.
(b)
Hearsay
evidence may be used for the purpose of supplementing, or explaining
any direct evidence, but shall not be sufficient in itself to support
a finding unless it would be admissible over objection in civil actions
in courts of competent jurisdiction in this state.
(c)
Irrelevant
and unduly repetitious evidence shall be excluded.
(3)
The
defendant shall have the right to present evidence and witnesses in
his or her favor and to cross examine witnesses who testify against
him or her.
(4)
If the
person alleged to have committed the civil infraction desires that
witnesses be ordered to appear by subpoena, he or she must so request
in writing from the court by mail at any time at least 10 days prior
to the scheduled hearing. A deposit for each witness to be subpoenaed
shall accompany the request, such deposit to be refunded if no forfeiture
is assessed by the court. The deposit shall be in the amount of equal
to the witness fee allowed by statute for witnesses in circuit court.
Subject to the same 10-day limitation, the complaining official or
the citizen who signed the complaint, as appropriate, may also request
the court that certain witnesses be ordered to appear by subpoena.
In addition, subpoenas may be issued by the city prosecutor or the
city attorney. If a forfeiture is ordered by the court, the order
shall also provide that the person ordered to forfeit shall pay all
witness fees incurred by the city in connection with the hearing.
(5)
The
defendant may be represented by counsel, but counsel shall not be
provided at public expense. If defense counsel is to appear, written
notice shall be provided to the municipal court five days prior to
the hearing date, excluding weekends and holidays.
(6)
The
complainant, or, if the city is the complainant, the city’s
representative, shall have the burden of proving the alleged ordinance
civil infraction by a preponderance of the evidence.
(7)
After
due consideration of the evidence and arguments presented at the hearing,
the court shall determine whether the civil infraction as alleged
in the complaint has been established. When the infraction has not
been established, an order dismissing the complaint shall be entered
in the municipal court records. When a determination is made that
the civil infraction alleged has occurred, an appropriate order shall
be entered in the municipal court records. A copy of the order shall
be delivered to the person named in the order personally in open court,
or the order may be sent to said person by mail. When a civil infraction
has been determined established, and upon written request by a party
to the hearing, the order shall include a brief statement of the necessary
findings of fact to establish the infraction alleged. The written
request for findings must be presented to the municipal court prior
to trial.
(9)
The
court shall maintain a transcript of its proceedings. The transcript
must contain a copy of all material entries relating to the proceedings
together with all the original paper relating to the proceedings filed
with the court.
(10)
The
determination of the municipal court shall be final. Any party to
the litigation may appeal the court’s order in accordance with
ORS 221.350 and ORS 53.010 through ORS 53.130 to the district court
within 30 days of entry of the municipal court ordering the forfeiture.
If no appeal is taken to the district court within the 30 day time
limit as required, the court may purge its record of all exhibits.
(1)
If a cited person fails to answer the citation or appear at a scheduled hearing as provided in sections 5.600 to 5.626, a default judgment shall be entered for the scheduled forfeiture applicable for the alleged civil infraction. In addition, the court shall assess costs and witness fees, with any security posted to be credited first to costs, then to witness fees and the balance, if any, to the forfeiture. Nothing in this subsection shall be construed to limit in any way the contempt powers of the municipal judge granted by the Springfield city charter or state law, and the judge may exercise those powers deemed necessary and advisable in conjunction with any matter arising under the procedures set forth in sections 5.600 to 5.626.
(2)
Any
forfeiture assessed is to be paid no later than 10 days after the
issuance of the court’s order declaring that forfeiture. The
period maybe extended upon order of the municipal judge for good and
substantial cause supported by clear and convincing evidence.
(3)
Delinquent forfeitures, whether resulting from a default judgment or otherwise, which were assessed for infractions which occurred on real property or for improper use of real property, shall constitute a lien against the real property that shall be imposed on the real property pursuant to Section 5.625 (imposition of nuisance liens). When posted in the city lien docket, nuisance liens may be collected in the same manner as other docketed lien debts owing to the city.
(4)
Nothing
in this section shall limit the city from revoking or denying any
city license or permit held or desired by a person owing a forfeiture
to the city.
[Section 5.622 (3) amended by Ordinance No.
5987, enacted July 16, 2001]
(2)
Class
1 Civil Infractions. The following are Class 1 civil infractions:
(a)
Failure
to comply with any term of any voluntary compliance agreement as provided
in section 5.610(5).
(3)
Class 2 Civil Infractions. The first violation in any 365-day period of section 5.604 by a person, or on any tax lot, constitutes a Class 2 violation.
(5)
For purposes of determining whether a person or property is a repeat violator for purposes of subsections (2)(b) and (c), the following shall give rise to a rebuttable presumption of a prior violation of section 5.604, which presumption may be overcome only by a showing of clear and convincing evidence:
(a)
A
voluntary compliance agreement;
(b)
A
bail forfeiture;
(c)
A
prior order entered by the municipal court assessing a civil infraction
forfeiture; or
(d)
Any civil judgment or criminal verdict entered in a court of competent jurisdiction which in the judgment of the judge of the municipal court reflects a violation of section 5.604. In making the determination, the judge may take into consideration any competent and relevant explanatory information, including but not limited to taking judicial notice of the court file and any record of the proceeding.
[Section 5.624 amended by Ordinance No. 6168, enacted May 15, 2006]
(1)
The
finance officer or his/her designee shall provide a notice of the
imposition of a nuisance lien to the property owner, by certified
mail, return receipt requested, and by regular mail. Where service
by certified mail is not accepted by the property owner, notice shall
be deemed received on the date of attempted delivery. In addition,
service in the same manner as provided for service of summons in Rule
7 of the Oregon Rules of Civil Procedure shall be deemed adequate.
The notice shall state:
(a)
The
facts supporting the delinquent forfeiture;
(b)
The
total cost of the delinquent forfeiture, including any assessment
for administrative overhead;
(c)
That
the cost as indicated will become a lien against the property unless
paid within 30 days from the date of the notice;
(d)
The
date and time of the city council hearing to impose the lien;
(e)
That
the property owner may submit written objections to the finance director
by 5:00 p.m. the day of the hearing or by oral or written objections
at the city council hearing.
(2)
The
property owner may be heard at the city council hearing. The city
council shall not consider protests that no nuisance or delinquent
forfeiture exists. The city council shall enact a resolution that
the delinquent forfeiture shall be imposed as a lien on the real property
where the violation occurred.
(3)
The finance officer or his/her designee shall communicate the city council’s resolution in writing to the property owner in the same manner as set forth in subsection (1).
(4)
The
lien shall become effective immediately.
[Section 5.625 amended by Ordinance No. 5987, enacted July 16, 2001]
Nothing in sections 5.600 to 5.626 shall be construed as limiting the right of the city to seek damages, injunctive or other appropriate relief under Oregon law for the termination of conduct in contravention of the code or ordinances of the city. Nothing herein shall be construed as limiting the rights of the city to pursue its nuisance abatement procedure as set forth in sections 6.105 to 6.120, sections 5.000 to 5.018, or any other applicable law.
